LAWS OF KENYA LAW SOCIETY OF KENYA ACT CHAPTER 18 Revised Edition 2012 [1980] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org
[Rev. 2012] CAP. 18) CHAPTER 18 LAW SOCIETY OF KENYA ACT ) Section 1. Short title. 2. Interpretation. ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II ESTABLISHMENT 3. Establishment of. 4. Objects of Society. PART III MEMBERSHIP 5. Membership. 6. Special membership. 7. Honorary membership. 8. Subscriptions. 9. No entrance fee. 10. Resignations. 11. Expulsion. 12. Members ceasing to be qualified for membership. PART IV COUNCIL 13. Constitution of Council. 14. Powers of Council. 15. Committees and delegation of powers. 16. Procedure. 17. Officers of Society. PART V OTHER OFFICERS PART VI GENERAL MEETINGS 18. Ordinary general meeting. 19. Special general meetings. 20. General meeting to act by simple majority vote. 21. Alteration of resolutions. 22. Convening and procedure. 23. Common seal. PART VII COMMON SEAL PART VIII MINUTES, ACCOUNTS AND REPORTS 24. Minutes. 25. Accounts to be kept. 26. Annual report. L16-3 [Issue 1]
CAP. 18) Section 27. Regulations. 28. Repeal and saving. PART IX REGULATIONS [Rev. 2012] [Issue 1] L16-4
[Rev. 2012] CAP. 18) CHAPTER 18 LAW SOCIETY OF KENYA ACT [Date of assent: 29th October, 1962.] [Date of commencement: 30th October, 1962.] An Act of Parliament to consolidate the law relating to the Law Society of Kenya [Act No. 30 of 1962, Act No. 44 of 1962, L.N. 2/1964, Act No. 4 of 1973, Act No. 4 of 1974, Act No. 12 of 1976, Act No. 18 of 1986, Act No. 10 of 1997, Act No. 7 of 2007, Act No. 2 of 2008, Act No. 12 of 2012.] 1. Short title PART I PRELIMINARY This Act may be cited as the Act. 2. Interpretation In this Act, except where the context otherwise requires advocate has the same meaning as in the Advocates Act (Cap. 16); Council means the Council established under section 13; Disciplinary Committee means the Disciplinary Tribunal established under section 59 of the Advocates Act (Cap. 16); ordinary general meeting means the meeting convened in accordance with the provisions in section 18 of this Act; Society means the society established and incorporated by section 3 of the Ordinance, 1949 (No. 10 of 1949) (now repealed), and continued in existence by section 3 of this Act; special resolution means a resolution passed by not less than two-thirds of such members of the Society as may be present and voted thereon at a general meeting of the Society, duly convened with notice of the intention to propose such resolution, or, in the case of a postal ballot, not less than twothirds of those effectively participating therein. [Act No. 44 of 1962, Sch, Act No. 12 of 2012, Sch.] PART II ESTABLISHMENT 3. Establishment of The body corporate established by section 3 of the Ordinance, 1949 (No. 10 of 1949) (now repealed), shall continue in existence by virtue of this Act as a body corporate by the name of the with perpetual succession and a common seal and with power to sue and be sued in its corporate name. L16-5 [Issue 1]
CAP. 18) [Rev. 2012] 4. Objects of Society The objects for which the Society is established are (a) (b) (c) (d) (e) (f) (g) (h) (i) 5. Membership to maintain and improve the standards of conduct and learning of the legal profession in Kenya; to facilitate the acquisition of legal knowledge by members of the legal profession and others; to assist the Government and the courts in all matters affecting legislation and the administration and practice of the law in Kenya; to represent, protect and assist members of the legal profession in Kenya in respect of conditions of practice and otherwise; to protect and assist the public in Kenya in all matters touching, ancillary or incidental to the law; to acquire, hold, develop and dispose of property, whether movable or immovable, and to derive capital or income therefrom, for all or any of the foregoing objects; to raise or borrow money for all or any of the foregoing objects in such manner and upon such security as may from time to time be determined by the Society; to invest and deal with moneys of the Society not immediately required in such manner as may from time to time be determined by the Society; and to do all such other things as are incidental or conducive to the attainment of all or any of the foregoing objects. PART III MEMBERSHIP The membership of the Society shall consist of (a) (b) (c) (d) any advocate who is a member of the Society by virtue of the provisions of section 28 of the Advocates Act (Cap. 16); any person admitted to membership of the society under section 6 of this Act; any person elected as an honorary member of the Society under section 7 of this Act; any person who has at any time previously been a member of the Society and who complies with the regulations of the Society for the time being in force: Provided that this paragraph shall not apply to a person to whom the proviso to section 6 of this Act applies, nor to a former member of the Society who, as a result of disciplinary proceedings, has for the time being been suspended from practice or whose name has been struck off the Roll of Advocates. [Issue 1] L16-6
[Rev. 2012] 6. Special membership CAP. 18) Any of the following persons who applies for membership of the Society in the prescribed manner may be admitted as a member of the Society by the Council (a) any person mentioned in section 9 of the Advocates Act (Cap. 16); (b) any other legally qualified person for the time being resident in Kenya: Provided that no person who has been expelled from membership of the Society shall thereafter be admitted as a member thereof under this section without the authority of a special resolution. 7. Honorary membership The Council may elect as an honorary member of the Society any person whom it may think fit so to honour, either for life or for such period as the Council may in any case deem appropriate. 8. Subscriptions Subject to the provisions of sections 27 and 28 of the Advocates Act (Cap. 16), every member of the Society shall pay the Society such annual subscription as may be prescribed from time to time: Provided that no honorary member shall be liable to pay any such subscription. 9. No entrance fee No entrance fee shall be payable by any person on becoming a member of the Society. 10. Resignations No member of the Society shall resign or be permitted to resign his membership thereof at any time while he holds a current practising certificate issued under section 26 of the Advocates Act (Cap. 16). 11. Expulsion Subject to the provisions of section 28 of the Advocates Act (Cap. 16), any member of the Society, other than a member who holds a current practising certificate issued under section 26 of that Act or an honorary member, may be expelled therefrom in such manner and upon such grounds, after being given a reasonable opportunity to answer all allegations made against him, as may be prescribed from time to time. 12. Members ceasing to be qualified for membership Any member of the Society, other than an honorary member, who ceases to be qualified for membership shall thereupon automatically cease to be a member. L16-7 [Issue 1]
CAP. 18) [Rev. 2012] PART IV COUNCIL 13. Constitution of Council (1) For the proper management of the affairs of the Society there shall be a Council consisting of a chairman, a vice-chairman and ten other members, all of whom shall be members of the Society. (2) The chairman, the vice-chairman and the ten other members mentioned in subsection (1) shall be elected biennially by the members of the Society by means of a postal ballot conducted in accordance with regulations made under section 27: Provided that at least one of the members so elected shall be a member of the Society who ordinarily practices in Mombasa and at least two of the members shall be members who do not ordinarily practice in Nairobi or Mombasa. (3) No member of the Society shall be eligible for election as chairman or vicechairman, and no member of the Society shall put himself forward for such election, unless he is at the time of the election, a member of the Council. (4) The chairman, the vice-chairman and the other members of the Council shall take office immediately after the ordinary general meeting of the Society, and shall hold office as such until the conclusion of the ordinary general meeting held in the second year after their election: Provided that, in the event of death, resignation, removal or disqualification of the chairman, the vice-chairman or any other member of the Council during his term of office, the vacancy so created may be filled by the Society (i) (ii) 14. Powers of Council in the case of the chairman or vice-chairman, from persons who are members of the Council; or in the case of any other member, from among the members of the Society. [Act No. 4 of 1973, Sch., Act No. 4 of 1974, Sch., Act No. 12 of 1976, s. 2, Act No. 10 of 1997, Sch., Act No. 7 of 2007, Sch., Act No. 2 of 2008.] Except as otherwise expressly provided by this Act or by any regulations made under this Act, the Council may exercise all the powers of the Society; and no regulations made under this Act shall invalidate any prior act of the Council which would have been valid if the regulations had not been made. 15. Committees and delegation of powers (1) The Council may from time to time appoint committees or subcommittees consisting of members of the Society; and may, except as otherwise expressly provided by this Act or by any regulations made under this Act, delegate to any such committee or subcommittee all or any of the powers of the Council. (2) Any committee or subcommittee appointed under subsection (1) of this section may, with the prior approval of the Council, from time to time co-opt additional members, and any such additional member may, but need not, be a member of the Society. [Issue 1] L16-8
[Rev. 2012] CAP. 18) 16. Procedure The procedure of the Council, and of every committee appointed under section 15, shall be as may be prescribed from time to time. 17. Officers of Society PART V OTHER OFFICERS There shall be such secretary, treasurer and other officers of the Society, paid or unpaid, as the Council may from time to time appoint. 18. Ordinary general meeting PART VI GENERAL MEETINGS The Council shall, within twelve weeks after the 31st December in each year, convene an ordinary general meeting of the Society. 19. Special general meetings [Act No. 18 of 1986, Sch.] (1) The Council may at any time at its own discretion convene a special general meeting of the Society. (2) Any fifteen members of the Society may at any time requisition a special general meeting of the Society by written notice in that behalf signed by all of them, specifying the object of the proposed meeting and sent by post, or delivered, to the secretary of the Society; and the Council shall thereupon convene a special general meeting of the Society accordingly, which shall be held within forty-two days after the delivery of such notice. (3) If the Council fails within twenty-eight days after the delivery of the written notice mentioned in subsection (2) to convene a special general meeting of the Society in accordance with the requisition, to be held within forty-two days after such delivery, the requisitioning members may themselves convene such meeting to be held at any time within two months after such delivery. 20. General meeting to act by simple majority vote Except for any purpose for which a special resolution is expressly required by this Act or by any regulations made under this Act, all resolutions of the Society in general meeting shall be by simple majority vote. 21. Alteration of resolutions No resolution of the Society in general meeting shall be altered or rescinded within nine months after the passing thereof otherwise than by a special resolution of the Society. 22. Convening and procedure The manner of convening general meetings of the Society and the procedure and voting thereat shall, subject to any express provisions of this Act, be as may be prescribed from time to time. L16-9 [Issue 1]
CAP. 18) [Rev. 2012] 23. Common seal PART VII COMMON SEAL The common seal of the Society shall be kept in such custody and used in such manner as may be prescribed from time to time. 24. Minutes PART VIII MINUTES, ACCOUNTS AND REPORTS The Council shall cause proper minutes of all general meetings of the Society and of all meetings of the Council to be taken and recorded. 25. Accounts to be kept (1) The Council shall cause proper accounts of all funds, property, assets and liabilities of the Society to be kept, and to be audited as on the 31st December in every year. (2) The audited accounts shall be presented by the Council to the ordinary general meeting. 26. Annual report The Council shall present to the ordinary general meeting a full report of the activities of the Society. 27. Regulations PART IX REGULATIONS The Council may, subject to the provisions of this Act and to approval by a special resolution, make regulations, which shall be binding on all members of the Society, prescribing all or any of the following matters (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) annual subscriptions; manner of application for membership of the Society; grounds for, and procedure relating to, expulsion of members of the Society; resignation of members from the Society; regulation of powers exercisable by the Council and any committees or subcommittees thereof, and delegation of powers; manner of convening meetings of the Council and committees, and quorums and procedure thereof; manner of convening general meetings of the Society, and quorums and procedure thereof; manner of election, removal and replacement of the chairman, the vice-chairman and the other members of the Council, and of representatives of the Society on the Disciplinary Committee; custody and use of the common seal; arbitration in disputes; and [Issue 1] L16-10
[Rev. 2012] CAP. 18) (k) 28. Repeal and saving such other matters as may be deemed by the Council to be necessary for the promotion of the objects and the regulation of the affairs of the Society. [Act No. 4 of 1973, Sch.] (1) The Act (No. 10 of 1949) is repealed. (2) Notwithstanding the provisions of this Act, the President, the Vice-President and the members of the Council established under section 11 of the Law Society of Kenya Act (No. 10 of 1949) (now repealed), holding office immediately before the commencement of this Act shall continue to hold office and shall discharge all the powers, functions and duties of the Council under this Act until a President, a Vice-President and the other members of the Council, having been elected in accordance with the provisions of Part IV of this Act, take office in accordance with the aforesaid provisions L16-11 [Issue 1]